The Patent Lawyer
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What is settled and what are our expectations after iRhythm?
The March 26, 2025, memo from the US Patent and Trademark Office director significantly changed the way the Patent Trial and Appeal Board (PTAB) handles institution decisions by establishing a bifurcated process under which the acting director—rather than panels of...
Simple technical modifications can constitute an inventive step
This article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013...
Apple v. Masimo and the ITC: a test of patent rights, product design, and trade enforcement
Patent lawyers watching the Apple v. Masimo case unfold at the Federal Circuit are seeing a live example of key issues in US patent enforcement. These include the scope of ITC exclusion orders, the role of product design in infringement analysis, and the growing trend...
Dolby v. Lava: security deposit at pro tem stage
In the suit DOLBY INTERNATIONAL AB & ANR. v. LAVA INTERNATIONAL LIMITED (CS(COMM) 350/2024 with I.As.) before the Delhi High Court, the Plaintiff is a patent holder for a representative group of Standard Essential Patents (SEPs), including three active patents...
Government launches SEPs consultation to boost UK innovation
The UK Intellectual Property Office (UKIPO) has today launched a consultation on potential measures to address challenges in the UK's Standard Essential Patents (SEPs) ecosystem. A patent that protects technology that is essential to implementing a technical standard...
DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...
The BASF judgment: how timing uncertainty impacts divisional patent applications in India
Patent applicants in India often face a practical question: what is the last possible opportunity to file a divisional patent application? While the Indian Patents Act (1970) specifies this can be done “any time before the grant of the parent patent application,”...
Nike leads way in footwear patent filings as manufacturers compete in ‘running shoe arms race’
Shoe manufacturers in a race to develop more advanced technologies such as carbon plates and nitrogen bubbles – patent and trademark litigation has followed New entrants like Li-Ning, Xtep, Hoka, and On are competing to supply elite runners. Nike is leading the way...
Realistic costs ought to be awarded considering ever-increasing litigation expenses
Background The plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the defendant, Westcoast Pharmaceutical Works Limited, from infringing their patent IN 297581. The patent was for the novel...
Roche v. Zydus: the role of claim mapping in patent infringement cases
The recent judgment dated October 9, 2024, by the Hon'ble High Court of Delhi in F. Hoffmann-La Roche AG & Anr. v. Zydus Lifesciences Limited, CS(COMM) 159/2024 [Neutral Citation: 2024:DHC:7868}, has brought the process of claim mapping to the forefront in patent...
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